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Did Bankrupt Runaway Prius Driver Fake "Unintended Acceleration?"

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    Did Bankrupt Runaway Prius Driver Fake "Unintended Acceleration?"

    March 14, 2010

    James Sikes, the San Diego runaway Toyota Prius driver, filed for bankruptcy in 2008 and now has over $700,000 in debt. According to one anonymous tipster, we're also told he hasn't been making payments on his Prius. UPDATE!

    We received an email earlier today from an anonymous tipster who claims James (Jim) Sikes, the driver of the runaway Toyota Prius, was in financial trouble and even behind by five months on his payments for the Prius. If that's true, it's potential motivation for wanting to find an out — any out — on paying for the vehicle.

    We did some public records searches (thanks to the help of Gawker's John Cook) and found Sikes and his wife Patty found themselves, like many in the California real estate business, on the bursting side of the real estate bubble last year. The two declared bankruptcy in June of 2008 and have a combined liability of over $700,000 dollars in debt.

    Among the list of creditors holding secured claims is none other than Toyota Financial Services for a lease on a 2008 Toyota Prius with 7,200 miles on the odometer. Total value of the lease at the time of bankruptcy was $20,494.

    So, with almost three-quarter million dollars in debt there's obviously the potential for financial motivation here. But, for his part, when we questioned Mr. Sikes over email earlier today, he denied being behind on his Prius payments.

    Mr. Sikes also has not shied away from cameras appearing on CNN and numerous other television programs. In each, he's stated numerous times he's not going to sue and isn't looking for any financial remuneration from Toyota other than a new vehicle.

    We've asked the law firm representing him to furnish us with an up-to-date copy of his Toyota statement and we'll post that as soon as we receive it — to either debunk this myth or add fuel to any fire.

    We'd also like to point out Toyota itself sent out a tweet yesterday showing how a Prius of that generation can easily be stopped if it's accelerating out of control. But, for the moment, we'll ask you to again listen to the full 911 tape and tell us what you think — does that sound like a man faking or genuinely afraid for his life?

    But regardless of what happens with the Sikes case, the bigger issue for Toyota will be every cash-strapped 'yota-owner looking for an easy out on their loans and leases potentially thinking about doing just this with their car. That's a lot of potential carnage to wade through.

    UPDATE: We're now hearing rumors that Sikes has a history of items in his possession being stolen and him filing for insurance claims. We found at least one case of this in his bankruptcy documents, which we've included below. We're told we should know more about a second incident shortly.

    But there's also another, more salacious tidbit we've found which may or may not be irrelevant — we're still trying to fit this piece into the puzzle. With a tip from a commenter at TTAC, we discovered Sikes owned and operated a web site called AdultSwingLife.com. Interesting. There's also a report from KTLX with a neighbor stating he may have been involved in the porn industry. Someone alleging to be a former business partner also claims Sikes stole from their company and acted fraudulently.


    James Sikes, the San Diego runaway Toyota Prius driver, filed for bankruptcy in 2008 and now has over $700,000 in debt. According to one anonymous tipster, we're also told he hasn't been making payments on his Prius. UPDATE!
    Last edited by Flamingo; 03-14-2010, 02:48 PM. Reason: Email link removed to author
    Filed Chapter 7 July 2010
    Attended 341 September 2010
    Discharged November 2010 Closed November 2010

    #2
    Filing: 4/10/2009, 341: 5/18/2009
    Last day for objections: 7/17/2009
    Discharge: 7/29/2009

    Comment


      #3
      Did I read that right? It stated that he filed BK 2 years ago and currently has $700K in debt owed? If I did, how on earth did he manage that with a bankruptcy on his record????? If it's medical, I can understand that as emergencies and unforeseen illnesses do happen. But if not, WTH????

      Comment


        #4
        this is the kind of stuff that feeds the bankruptcy stigma.

        Maybe this guy faked the whole thing with the toyota, maybe he didn't. But by lumping his bankruptcy in with the suggestion that the car thing is a hoax implies that he's less credible than someone who didn't file bankruptcy. The last thing I want it to listen to people at work saying they know its a hoax becuse in addition to his other issues (being in the adult entertainment business), "he filed for bankruptcy."

        If someone who filed bankruptcy happens to own a toyota and it the accellerator does something funky, is the bankruptcy going to be up for discussion?

        Comment


          #5
          This is the sentence in the article: The two declared bankruptcy in June of 2008 and have a combined liability of over $700,000 dollars in debt

          It could also read as their petition showed $700,000 in debt - as opposed to him having amassed another $700k since the BK discharge. I think the article is vague at best. We probably could pull up his case in PACER to check the facts! But it is a symptom of the times that the writer just throws in the BK to muddy the waters.
          Filed CH 7 9/30/2008
          Discharged Jan 5, 2009! Closed Jan 18, 2009

          I am not an attorney. None of my advice is legal advice in any way..

          Comment


            #6
            Originally posted by meateater View Post
            this is the kind of stuff that feeds the bankruptcy stigma.

            Maybe this guy faked the whole thing with the toyota, maybe he didn't. But by lumping his bankruptcy in with the suggestion that the car thing is a hoax implies that he's less credible than someone who didn't file bankruptcy. The last thing I want it to listen to people at work saying they know its a hoax becuse in addition to his other issues (being in the adult entertainment business), "he filed for bankruptcy."

            If someone who filed bankruptcy happens to own a toyota and it the accellerator does something funky, is the bankruptcy going to be up for discussion?
            Hmmm yes...

            It's the downside of bk. If any of us won the lotto too you can bet they will say "bankrupt wins lotto" even if you filed 8 years ago.

            I wouldn't sweat this anyway since the US govt, and 300 million citizens are bankrupt or will be but haven't yet realized it.
            The essence of freedom is the proper limitation of Government

            Comment


              #7
              Originally posted by StartingOver08 View Post
              This is the sentence in the article: The two declared bankruptcy in June of 2008 and have a combined liability of over $700,000 dollars in debt

              It could also read as their petition showed $700,000 in debt - as opposed to him having amassed another $700k since the BK discharge. I think the article is vague at best. We probably could pull up his case in PACER to check the facts! But it is a symptom of the times that the writer just throws in the BK to muddy the waters.

              The writer and the writer's employer will be bankrupt too. Give it time. No one pays for the garbage they write when we can get free garbage on the web and the soon to be bankrupt writer knows this as well as his editor.
              The essence of freedom is the proper limitation of Government

              Comment


                #8
                Originally posted by banca rotta View Post
                Hmmm yes...

                It's the downside of bk. If any of us won the lotto too you can bet they will say "bankrupt wins lotto" even if you filed 8 years ago.

                I wouldn't sweat this anyway since the US govt, and 300 million citizens are bankrupt or will be but haven't yet realized it.
                Believe it or not, but recently there are only a few million bankruptcies filed in the US each year, and prior to these bad times, except for 2005, filings were 1 to 1.5 million each year or less. When you compare that to the overall US adult population, it's not a large percentage...
                _________________________________________
                Filed 5 Year Chapter 13: April 2002
                Early Buy-Out: April 2006
                Discharge: August 2006

                "A credit card is a snake in your pocket"

                Comment


                  #9
                  Flamingo, I think he meant that all citizens (300 million population in US) are BK becuase our government has such a large deficit.

                  But even using your numbers there have been roughly 7.5 million BK's in the last 5 years (1.5mil x 5).

                  300 mil citizens dived by 2.59 (average houshold size in 2000 census) = 115 mil households. 7.5 mil BK's over 5 years would be 6.5% of families in the US have had a BK in the houshold in the past five years. Give or take a percentage point for my rough numbers and I think it is still a pretty eye opening number.
                  Last edited by BCA2009; 03-16-2010, 07:30 AM.
                  Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
                  Filed Chap 7 - 12/31/2009
                  341 - 2/12/2010
                  Discharged - 4/19/2010

                  Comment


                    #10
                    Originally posted by BCA2009 View Post
                    Flamingo, I think he meant that all citizens (300 million population in US) are BK becuase our government has such a large deficit.

                    But even using your numbers there have been roughly 7.5 million BK's in the last 5 years (1.5mil x 5).

                    300 mil citizens dived by 2.59 (average houshold size in 2000 census) = 115 mil households. 7.5 mil BK's over 5 years would be 6.5% of families in the US have had a BK in the houshold in the past five years. Give or take a percentage point for my rough numbers and I think it is still a pretty eye opening number.
                    I guess you could read the posting two ways cause I took it a bit differently than you....Absolutely agree as to your figures but with your figures, 93.5% of US households did not file. That is the eye opener...
                    _________________________________________
                    Filed 5 Year Chapter 13: April 2002
                    Early Buy-Out: April 2006
                    Discharge: August 2006

                    "A credit card is a snake in your pocket"

                    Comment


                      #11
                      Originally posted by BCA2009 View Post
                      Flamingo, I think he meant that all citizens (300 million population in US) are BK becuase our government has such a large deficit.

                      But even using your numbers there have been roughly 7.5 million BK's in the last 5 years (1.5mil x 5).

                      300 mil citizens dived by 2.59 (average houshold size in 2000 census) = 115 mil households. 7.5 mil BK's over 5 years would be 6.5% of families in the US have had a BK in the houshold in the past five years. Give or take a percentage point for my rough numbers and I think it is still a pretty eye opening number.

                      Actually I meant both the US will be bankrupt as it already is and also tens of millions more folks will be bankrupt on a personal level.

                      Once the govt defaults on it's debt and can no longer fund the give aways and taxes go through the roof you can bet the bk stats will be 10 to 20 times larger then it currently is.

                      By the end of this week "obama care" looks like it will be born so you can rest assure the US will default on it's debt causing all the corporate and personally bankruptcies.

                      Also we must not forget the states. Arnold still hasn't gotten it right and 30 more are not too far behind.
                      The essence of freedom is the proper limitation of Government

                      Comment


                        #12
                        Just because he filed doesn't mean he finished. His former business partner was on some interview and actually called the guy a scam artist looking for a quick buck any way he can get it. This was why they are no longer partners.

                        I suspected as much when the Prius magically stopped for the cop car....
                        First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

                        Comment


                          #13
                          The ones who file are the ones who have something to protect.

                          The number of informal bankruptcies is probably vast indeed.
                          filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

                          Comment


                            #14
                            $700K sounds like this huge bankruptcy... but he's living in Southern California and if he has a mortgage not really at all. That's the media.

                            That said, he doesn't sound like one of those people "unlucky" things are always happening to. I've learned to be very suspicious of them

                            Someone correct me if I'm wrong, but weren't the unintended acceleration problems in non-hybrids? (Prius problems were with very disconcerting but not life threatening uneven breaking IIRC.) Prius is a completely different beast. Doesn't mean it can't have problems, but some people are just a little too "unlucky."
                            12/2009 Stopped paying CCs; 3/10 1st suit;
                            8/2010 finally served; No Asset 7 filed. 11 mos since last bal xfer
                            9/22/10 60 day club; 9/24/10 report of no distr; 11/23/10 DISCHARGED

                            Comment


                              #15
                              Yes, the Prius was not part of the major recall although 2010s were looked at. The hybrids have an electronic system that has some sort of failsafe that stops the car in case of out of control acceleration. Sikes' car passed all engineering tests (several which were NOT conducted by TOyota) and the failsafes in place were functional. There was severe braking indicated but none indicative of stepping through the floor to stop a runaway car (most likely driving like an idiot, as many do.)

                              THere was a runaway Prius in NY I think; this has been dismissed. The Prius has a black box similar to aircraft. There was no braking in this car at all but the throttle was wide open indicating the woman was flooring the gas and not the brake.
                              First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

                              Comment

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